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Finally! After 5 plus years of calling out dodgy CFMEU union bosses, Labor and the Fair Work Commission, the Senate has backed my call for an investigation into the biggest wage theft in the coal sector.

The industrial relations community was staggered last week when Australia’s senators voting on a show of voices – no one asked for a formal vote – decided to demand that the government investigate what is potentially the nation’s biggest wage underpayment scandal.

If shown to be correct, the alleged underpayment of New South Wales and Queensland coal miners will involve repayment of more than $100 million.

Read more here: Australia’s biggest underpayment case may uncover a few surprises | The Australian

When I first disclosed this scandal, I called on ALP politicians and other supporters of the CFMEU and Fair Work Commission in the parliament to set aside their links and think of what happened to the coal miners. And that’s exactly what the senators did. Full marks. Now the Senate must make sure the government carries out their instructions in a proper manner.

Some years ago, a small group of coal miners came to me telling him that they believed they were not being paid correctly. I have worked tirelessly to discover that thousands of NSW and Queensland coal miners had worked long hours underground for over a decade as casual labour, but did not receive the 25 per cent “casual” premium workers all over Australia receive.

Motion

By Robert Gottliebsen | The Australian

Before being elected to the Senate, Malcolm Roberts was a coal miner, following in the tradition of Australia’s sixth Prime Minister Joseph Cook.

Some five years ago, a small group of coal miners came to Roberts telling him they believed they were not being paid correctly — but they couldn’t work out what was wrong.

At the time, Roberts had no idea he was on the edge of uncovering what he calls a “scam” which has the potential to be Australia’s largest ever wage underpayment scheme.

Read more of the article here: Robert Gottliebsen: Miners underpaid by strange legislative loophole | The Australian

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Related Parliamentary Speeches

Senator for Queensland, Pauline Hanson’s One Nation Party c/ AUSPIC

This report details extensive calculations that demonstrate casual coal miners across the Central Queensland and New South Wales Hunter Valley districts are being ripped off on average $30,000 a year of potential earnings under enterprise agreements negotiated by the union.

This report was summarised in a speech to the Senate here.

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Download/Print: COAL MINERS WAGE THEFT (malcolmrobertsqld.com.au)

Calculation workbook: Award Calculations.xlsx

Enterprise Agreements

Chandler Macleod Queensland Black Coal Mining Agreement 2020

Corestaff NSW Black Coal Enterprise Agreement 2018

FES Coal Pty Ltd Greenfield Agreement 2018

Tesa Group – Enterprise Agreement 2022

Workpac Coal Mining Agreement 2019

Today the Labor government will vote AGAINST my amendment that would award back pay to casual miners who had more than $30,000 a year stolen from them under union negotiated agreements.

Nothing in Labor’s bill will compensate these ripped off casual workers and now they will vote down my amendment that would pay them back.

So much for Labor being the party of the workers.

This amendment was voted down by Labor and the major parties

See all the material on this issue

News Article and Related Parliamentary Speech

I detailed one of the most outrageous wage thefts in the country last night in the Senate. Despite having all of this information, the Labor party continues to cover it up, voting down my amendment that would give back-pay to victims.

Casual coal mine workers are being individually underpaid up to $33,000 per year under union-negotiated deals. Minister Tony Burke is aware of this yet he does nothing about it.

The so-called ‘Loopholes’ Bill will only protect the union bosses at the Construction, Forestry and Maritime Employees Union (CFMEU) and give them more power. It will protect labour-hire companies including the big, foreign-owned ones, and it will protect the government’s Fair Work Commission who is failing Australian workers.

The only loopholes I see are the ones protecting big business and the government and there’s nothing ‘fair’ about it.

Labor has abandoned the workers. One Nation will not stop fighting for ripped off casual coal miners to receive what they’re owed.

See all related material

Related Parliamentary Speech and News Article

We need more accountability, not less. This Bill will promote power for union bosses over workers and is full of unintended consequences.

It’s a Bill all wrapped up in pretty paper with good measures that are widely supported and with poison pills buried inside. The Trojan Horse approach is becoming a bad habit with Labor.

Industrial Relations Minister, Tony Burke, introduced key topics that One Nation completely supports and we already have voted for them separately in November. Yet the government left those bills gathering dust over political issues instead of thinking of the workers. Instead of looking out for workers, the government is more interested in protecting mates and donors while getting away with dodgy legislation.

The core of Minister Burke’s legislation is designed to cover up the permanent-casual rort in the coal sector. Every so-called “casual” coal miner is employed under an unlawful Enterprise Agreement (EA) that the Mining & Energy Union/CFMEU agreed with and signed. So-called “casual” miners are employed under EAs that the Fair Work Commission (FWC) approved against their own protocols and against the law.

These “casual” miners are subject to breaches of law that the FWC and Fair Work Ombudsman (FWO) have ignored, and when held accountable it’s been proven that the FWC/FWO resorted to using fraudulent documentation to get away with their shocking failure of duty.

We will continue our work to get “casual” miners ten of thousands of dollars in stolen back-pay.

We will continue to push for restoring all workers’ rights, protections and entitlements.

Transcript

I will be taking up Senator Sheldon’s invitation to put my cards on the table, and we will be putting our cards on the table. I will be doing exactly that.

The Australian Labor Party is Australia’s oldest continuous political party, so you’d think that it would have got the hang of government by now—but no. This week has been a shocker. Perhaps 122 years is enough. It’s time to find a nice twilight home, put your feet up and listen to Alan Jones, enjoy a juicy steak, read the Spectator and contemplate this government’s many, many failures—so many failures that the Labor heartland are turning against Labor. The polls are an indictment of the performance of this one-term Labor government. Now the ALP thinks that doing dodgy deals to get parts of its signature industrial relations policy through will quieten the heartland—a heartland that can’t pay their mortgage or rent, who can’t buy groceries, whose kids are taught a hidden agenda at school and who will now be stalked at every turn, using Labor government sanctioned cameras. This bill doesn’t fix those things. This bill doesn’t fix those basics.

More importantly, from the perspective of the union bosses, this bill, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, is about forcing people to join the union. That won’t fix their declining support. The very thing that turns people off unionism these days—the thuggery and cronyism and backroom deals that only favour the union bosses—will enable more of it. We need more accountability, not less. Union bosses, and some large companies, have become accountable to no-one because they are arrogantly enshrined in a cosy monopoly of being the only union for their sector. Nothing here will claw back the reduction in real wages per capita that Australia’s workers have suffered since Labor took over—a six per cent reduction in real wages in just 18 months, a reduction that just keeps getting worse with every new piece of economic data, as we saw again yesterday.

This bill will be full of unintended consequences, as any legislation that is written out of dodgy ideology always causes. Let me review the detail of this bill. There are four measures that the Senate has already passed. Easier access to PTSD support and compensation for first responders: we voted for that. Domestic violence protections: we voted for that. Asbestos and silica safety: we voted for that. Protecting redundancy entitlements: we voted for that. These four were passed by the Senate, with One Nation’s support, and they’ve been sitting on the books down in the House of Representatives, left by the government to gather dust because it would be too embarrassing not to pass measures the Senate passed in defiance of the government. So much for workers—the government doesn’t give a damn. Instead of looking out for workers, the government is more interested in looking good.

The ACTING DEPUTY PRESIDENT (Senator Grogan): Senator Roberts, I’ll ask you to mind your language.

Now the government has brought on this bill, which contains those four uncontroversial measures and wraps into it four more issues for eight in total. The four additional issues in this package of Tony Burke, the Minister for Employment and Workplace Relations, include the criminalisation of wage theft and industrial manslaughter. We support both of those; we agree with them. But his legislation introduced with no notice this morning includes two poison pills wrapped up in the uncontroversial. Those two poison pills are unfettered right of entry for union bosses and the deceptively named same job, same pay framework. It is deceptively named, as I’ll explain.

Again we are seeing Labor wrap up a bundle of things everyone supports with the most-controversial proposals in industrial relations law. The right to entry allows union bosses to enter any business at any time under the pretext of safety issues. There are no criteria for what satisfies ‘reasonable entry’, because the assumption is that union delegates should never be prevented from entry. Union bosses will abuse this. Union bosses in some lawless large unions already are concocting safety reasons for claiming entry to businesses and then, inevitably, hanging around to apply pressure on employees to join up. If a business believes the right to entry has been abused, it has next to no recourse. The Australian Building and Construction Commission used to enforce workplace entry and union conduct in workplaces—no more. Employers can’t complain to the Australian Building and Construction Commission because the Labor Party disbanded it for being a check on the unreasonable behaviour of union bosses.

I turn now to the real poison pill: same job, same pay. It sounds good. One Nation totally supports a fair day’s pay for a fair days work. Let everyone in this chamber remember that I introduced into the Senate the first bill for same job, same pay. Let me tell why and then explain why we knew it would cover up the real problem, which is wage theft that the Mining and Energy Union formerly under the name Construction, Forestry, Maritime, Mining and Energy Union enables—not just sanctions, but enables and drives. I’ll tell you why I support same job, same pay. A courageous miner in the Hunter Valley, Simon Turner, and some of his mates came to see me about what was going on. I thought it was a major coal company and a major international labour hire firm were colluding to screw workers. Then I found that the CFMMEU in the Hunter enables these agreements, that it drives these enterprise agreements. Not only do they not pay the award, not only do they not pay the enterprise agreement of the host company—the employer, the mine owner—they underpay the award, sanctioned by the CFMMEU in the Hunter. It is sanctioned by them, driven by them, resulting in the theft of over a billion dollars from miners. Tony Burke, the minister, knows because we have provided the details from miners on dodgy enterprise agreements that dodge the Fair Work Act. It is something we have been working on relentlessly with the miners in Central Queensland and the Hunter for 4½ years since it was first brought to my attention. Miners provided them directly to senior ministerial staff, to senior staff of his Department of Employment and Workplace Relations in personal meetings the miners had that we arranged.

The provided the details in writing with documented evidence. There were details that I put in writing to the minister himself twice. The loophole is a fabrication that Labor senators echo like propaganda through this chamber. In the mining industry, that is false. There is no loophole. The core problem is that the Fair Work Act has been breached repeatedly, systemically, systematically and cold bloodedly. The underpayment of miners in the permanent casual rort is possible only with enterprise agreements signed by the Mining and Energy Union, formerly the CFMMEU.

In some cases, that union sold enterprise agreements to labour hire firms. In fact, speaking of labour hire firms, the Hunter CFMMEU started the first labour hire firm in our coal industry and pretends to oppose labour hire. It enables labour hire and rewards labour hire companies with dodgy deals, enterprise agreements and paying below the award.

As a former coalface miner and later a mine manager, I am absolutely appalled at what I see going on at the moment in the coal industry and in a union that used to be very proud and strong. Elements of it are now gutless and crooked. The Hunter CFMMEU approved and signed a statutory declaration as part of the Fair Work Act process for approving enterprise agreements. All of the deals were done with the signature of the CFMMEU. The Fair Work Commission oversees the process of developing an enterprise agreement. Repeatedly, it has breached the statutory process. It has broken its own law repeatedly. When we’ve drawn the Fair Work Commission senior management to that fact, they have done nothing. They don’t give a damn about workers, whom they’re supposed to be protecting.

It’s duplicitous. When miners draw the Fair Work Commission’s senior management to that fact, the Fair Work Commission does nothing. We have told Minister Burke, and he does nothing.

Miners have made formal complaints to the Fair Work Ombudsman, who were stumped until they were given a bevy of documents including court rulings, an Australian Taxation Office declaration, PAYE slips and PAYE group certificates. Those are legitimate documents. To those legitimate documents, they responded with a fraudulent document that a labour hire firm fabricated. The Australian Taxation Office has said that it is a fraudulent document.

And then the Fair Work Ombudsman’s senior managers used that fraudulent document in the Fair Work Ombudsman’s office knowing it was fraudulent. We will not fall for Minister Burke’s cover-up of his mates in the
CFMMEU. We will continue to fight for back pay for thousands of coalminers. We will not allow this cover-up.

We will not look the other way, as Senator Lambie and Senator Pocock have. We will double down and hold Minister Burke accountable.

How was it done? Let me give you a hint. The Construction, Forestry, Maritime, Mining and Energy Union, formerly the CFMEU, own 50 per cent of coalmines’ insurance and workers compensation for coalminers—Coal Long-Service Leave and AUSCOAL Super. They have co-directors, who approve various contracts. For example, the Coal LSL administration was contracted out to AUSCOAL. A director was on both of those boards when the contract was signed. This is really sloppy stuff. I’m surprised with Senator Lambie, as I said. After I arranged a meeting with her and a particular miner in the Hunter Valley, she spoke with the miner and confirmed it with me.

Senator Pocock was offered the same opportunity. As miners caught in the permanent-casual rort know, the solution is simple: enforce the Fair Work Act and get the more than $1 billion in back pay that miners are entitled to. Simon Turner and other miners in the Hunter initially thought that, yes, the same work, same pay bill that I introduced to this parliament was needed. Now they know, having dug deeper and seen the corruption that’s gone on, all that’s needed is to enforce the Fair Work Act. This bill pretends to be closing loopholes. In reality, though, every time you add a page of legislation, you just create an extra loophole for lawyers to find. The answer is less legislation, not more. The current legislation is too complex and hides protections from miners and small business and makes it easy for the industrial relations club or large union bosses, large employers and industrial groups to clobber workers.

Minister Burke, stop burying the evidence. Face up to the fact that your mates in the CFMMEU are directly responsible for wage theft of more than a billion dollars, as you’ve been informed. The solution is not covering up the rort or fabricating an imaginary loophole. The solution is simply to enforce the Fair Work Act. That is your job as minister.

We will not fall for this bill’s deceit. We will continue to fight for workers to be paid their full entitlements and make up for wage theft and for workers to obtain their full lawful entitlements.

When I started working with miners in the Hunter 4½ years ago I put forward—and they agreed with this—three aims. The first was to get Simon Turner his lawful and moral entitlements in full. We are still chasing that. We have gone part of the way. The second was to stop this permanent casual rort across the coalmining sector. We’ve heard from one large employer group. They’re coming to the party. The third was to bring justice to the Hunter CFMMEU, which is now the Mining and Energy Union, and the Chandler Macleod group, the perpetrators at the Mount Arthur mine. We will continue to fight for industrial relations reform. We will continue until all my three aims are achieved for the miners in the Hunter and Central Queensland.

One Nation will always fight for workers being able to understand their rights and fighting for those rights. The first step towards doing that is making them simple enough to understand. This bill does nothing to help that, and we will be opposing it. The big gorillas in the room—to use Senator Sheldon’s term—are the Mining and Energy Union in the Hunter; the CFMMEU; the Chandler Macleod group; Recruit Holdings, the largest labour hire firm in the world; the Fair Work Commission; and the Fair Work Ombudsman. Hiding mates and crooks from scrutiny will not get the Labor Party out of this. This bill will be the Labor Party government’s death knell.

Grandstanding is clearly more important to the Albanese government than actually governing.

Last week the Senate voted to pass four measures from the Government’s own industrial relations bill that all parties agreed were urgent. Because the vote was led by the crossbench, the government then refused to deal with the bills in the lower house.

What everyday Australians can learn from this ‘dummy spit’ by Prime Minister Albanese is the government is more interested in playing politics than protecting workers. The government’s actions are quite honestly a disgrace and a betrayal of working Australians.

This is my speech in support of the motion by the crossbench, supported by the Liberals and Nationals to suspended standing orders. This allowed the Senate to send a message to the House of Representatives to vote on the bills immediately.

This motion was passed and the ball is back in the Prime Minister’s court. Will he now vote to pass his own legislation or continue his childish antics?

Transcript

What an opportunity for the government to show that it believes in truth, integrity and honesty. What do they do? They run away from it. Senator Watt’s talking about the delays. No, it’s scrutiny. It’s proper scrutiny. That’s all we want. We want some urgency around bills that the government brought into the parliament saying that they were urgent and vital. What do we see? He’s leaving. They’re running away from it. Urgent bills? That’s why we want to support this suspension: so that we can vote on the motion of Senators Pocock and Lambie. 

This is about the Senate exercising the will of the Senate. The will of the Senate said, ‘We want these bills passed urgently.’ It went down to the House and has been put on the bottom of the order. To me, that shows the inconsistency with what Labor is saying about these bills and what the truth is. It proves that Labor is lying about the urgency of these bills. Senator Pocock reminded us very clearly of the long time frame for the wage theft provisions to be put in place—2025, I think he said. What is the government covering up? 

We’ll see more when we get to scrutiny of the other five sections of that bill, but I’ve been championing the cause of Hunter Valley and Central Queensland coalminers, and the only way that an enterprise agreement less than the award can be put in place is through an agreement with the Mining and Energy Union in the Hunter Valley. That’s the only way. There is no loophole in the coal industry; it just needs enforcement of the Fair Work Act, which the Fair Work Ombudsman has dodged, the Fair Work Commission has dodged, the MEU has contravened deliberately, and some employers and some labour hire firms have deliberately compromised. There’s no loophole; this is just designed to deflect and cover up. We will be getting to the bottom of this because I’m tired of these miners in Central Queensland and the Hunter Valley being put down. They’re still on below-award pay despite what the government is saying. 

We want scrutiny. We want it now. 

I supported Senators Lambie and Pocock in their motion to pull the four key, genuine elements from Labor’s ‘closing loopholes’ industrial relations bill. Even though these passed the Senate, the Labor Government refuses to deal with them in the House of Representatives that they control. They are holding PTSD compensation for paramedics hostage for political reasons rather than do the right thing.

I had to remind the Senate that this motion is in support of the Senate’s will, the Senate has already decided this. What the Labor Party government is demonstrating is its repeated, deep, ingrained fear of scrutiny.

It’s not hard to see why the media is reporting on Labor sliding in the polls.

Transcript

I want to remind the Senate that this motion from Senator Lambie and Senator Pocock is in support of the Senate’s will. The Senate has already decided this. That’s all we want. Secondly, has anybody in the Labor Party heard of the ‘Kevin Rudd slide’ or the ‘Julia Gillard slide’? The press is now reporting that the ‘Anthony Albanese slide’ is at an even steeper rate than the ‘Rudd slide’ and the ‘Gillard slide’. All are self made and imploding. And then Senator Ayres has the hide to impugn Senator Lambie as if she couldn’t think of this herself. They can’t think for themselves, because they rely upon one party boss to drive them. That’s it. This is egregious damage to Senator Lambie, and I support Senator Lambie in her own right. 

I also remind the Labor Party of housing, energy and immigration. They are destroying and gutting farming and gutting infrastructure, and now they want to tell lies about industrial relations with the closing loopholes bill that Senators Lambie and Pocock have seen their way through and from which they pulled out the four key elements that are genuine, which were lumped in there to hide the egregious loophole-closing when there is no such loophole. All we need is to enforce the Fair Work Act. The provisions are already there. This goes to honesty—or lack of honesty—in the Labor Party government, and it goes to their repeated, deep, ingrained fear of scrutiny. I’ll be supporting Senators Lambie and Pocock. 

The union bosses claim that Labor’s latest Industrial Relations legislation will “close the loophole” of casual workers being paid less than permanents, especially in the mining sector.

You can’t step on site without a union enterprise bargaining agreement, so how are casual workers getting ripped off when they’re working under union negotiated agreements?

The answer is that some union bosses are getting kickbacks from labour hire companies in exchange for passing through dodgy agreements that allow casuals to be exploited.

The Fair Work Commission is meant to stop this, but they’re either asleep at the wheel or deliberately not doing their job.

Transcript

1 November 2023

Presenter

The Fair Work Legislation Amendment, known as the, “Closing Loopholes Bill,” held its hearings in Rockhampton this week. Announced by the federal government in September, the Closing Loopholes Bill aims to criminalise wage theft, introduce minimum standards for workers in the gig economy, close the forced permanent casual worker loophole, and close the labour hire loophole.

It’s all about that thing that we’ve been talking about for yonks, and that is, if you’re doing the same job as someone else, you should get the same pay. One Nation Senator Malcolm Roberts is in Rockhampton for the hearings, and he’s been raising the issue of the exploitation of the permanent casual workers in CQ miners for years. Frazer Pearce asked him if the proposed legislation would provide a better outcome for miners.

Malcolm Roberts

Look, my position on this Fair Work Act for a start, the current act as it stands, without Labor’s latest draft amendments, is 1,200 pages long, and they’re wanting to add another 800 pages. It already makes the workers vulnerable because there’s no way any single worker or small business can understand it; and it helps the IR club. All regulations in that help the major groups like the major banks, the big pharma, and the Industrial Relations Club.

That’s the lawyers, the Union bosses, the Industry Associations for multinational companies. It hurts the workers. I’ve seen that firsthand in Hunter, the Hunter Valley, and in Central Queensland. The second point I’d make is that we wouldn’t be having this inquiry if it wasn’t for the fact that the cross bench has moved it to extend the opportunity, to extend the reporting date from October through to next February. We would not be here listening to the views of industry unions and individual workers, if it wasn’t for the fact that we got an extension till next February.

The Labor Party voted against that extension. They don’t want to listen to people. We voted in favour of it. It’s a very important bill. It’s a huge bill. Big ramifications for workers as well as all players in the industry. The third point I’d make is that current employment in the coal industry at least, is that illegal employment of casual, supposedly casual, in coal is only possible, only possible, with a mining and energy union endorsed enterprise agreement.

We’ve seen that. I can go into detail if you need, but this is probably not the time. But the Mining Union in the Hunter Valley in particular, and to some extent in Central Queensland, has been passing enterprise agreements that do not protect the basic rights of workers. They don’t meet the award criteria as a basic minimum. They don’t meet the National Employment standards as a basic minimum.

They have been selling out workers in the coal industry and what we need for a solution is just a simple enforcement of the Fair Work Act. Now, early on in the proceedings and dealing with these issues, I proposed the, “Same work, same pay” bill. It’s very simple bill. But what I’ve since realised in doing more work, listening to miners, is that all that’s needed is to enforce the current Fair Work Act.

Frazer Pearce

What’s the level of, do you think of exploitation against these workers? Are you saying it’s widespread or it’s just isolated?

Malcolm Roberts

Yes, it’s widespread and it varies in severity. They’re paying well below the award and as I said, the award is the basic minimum. They have not done , they’ve not done the boot test, which is the, “better off overall test”. And that’s how these dodgy agreements have got through that are shafting coal miners in Central Queensland and the Hunter Valley. They have left out basic leave entitlements.

They don’t pay casual loading. Casuals are not legally allowed to be employed in the coal industry other than in a dodgy agreement, which is unlawful in itself; because they bypass the normal processes. People are missing out on leave entitlement. People are, as a result of being hired casual, short term, are threatened with dismissal at any time, people are afraid to raise safety incidents.

There’s a culture of fear there. There’s a culture of fear at many mines from people standing up and and afraid of standing up. There’s also been a lack of reporting of injuries. New South Wales in particular, we suspect also Queensland. There’s a, basically there’s a loss in some cases of workers insurance, workers’ compensation, accident pay. These are fundamental rights.

Frazer Pearce

Is this going to be a strong platform for you in the next election? Was it a vote winner for you in the last one?

Malcolm Roberts

We don’t do things to get votes. We do things because they’re right.

Presenter

That’s One Nation Senator, Malcolm Roberts having a chat with ABC Capricornia Frazer Pearce, talking about the closing loopholes bill. The hearing’s being held in Rockhampton at the moment. It’s a couple of minutes to eight.

The Industrial Relations system in this country is a mess. One Nation is committed to untangling the web of over-regulation.

The Fair Work Ombudsman

The Fair Work Commission Part 1
Fair Work Commission Part 2

For three years I have been raising the issue of casual coal miners being fraudulently dudded out of Long Service Leave entitlements. Finally, I was able to secure an audit into the Coal Long Service Leave Scheme from the previous government. Yet, exactly how much needs to be paid back to casual coal miners is still unclear. We’ll be following this up again at next estimates and ensuring casual workers receive the leave payments they are entitled to.

Portfolio Items